Capitol Records, LLC v. Redigi Inc.

Filing 20

DECLARATION of RAY BECKERMAN in Opposition. Document filed by Redigi Inc.. (Attachments: # 1 Exhibit A - iTunes Terms & Conditions, # 2 Exhibit B - Capitol Records Admissions at Oral Argument of MGM v Grokster March 29, 2005, excerpt, # 3 Exhibit C - Nielsen Billboard Report for 2011, January 5, 2012, excerpt, # 4 Exhibit D - Steve Jobs: The Rolling Stone Interview, Rolling Stone Magazine December 3, 2003, excerpt)(Beckerman, Ray)

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Exhibit B 1 IN THE SUPREME COURT OF THE UNITED STATES 2 - - - - - - - - - - - - - - - - - - - - x 3 METRO-GOLDWYN-MAYER STUDIOS, INC., : 4 ET AL., : 5 6 Petitioners, : v. : 7 GROKSTER, LTD, ET AL. 8 - - - - - - - - - - - - - - - - - - - - x 9 No. 04-480 Washington, D.C. 10 11 : Tuesday, March 29, 2005 The above-entitled matter came on for oral 12 argument before the Supreme Court of the United States at 13 10:13 a.m. 14 APPEARANCES: 15 DONALD B. VERRILLI, JR., ESQ., Washington, D.C.; on behalf 16 17 of the Petitioners. PAUL D. CLEMENT, ESQ., Acting Solicitor General, 18 Department of Justice, Washington, D.C.; for United 19 States, as amicus curiae, supporting the Petitioners. 20 21 RICHARD G. TARANTO, ESQ., Washington, D.C.; on behalf of the Respondents. 22 23 24 25 1 1111 14th Street, NW Suite 400 Alderson Reporting Company 1-800-FOR-DEPO Washington, DC 20005 1 C O N T E N T S 2 ORAL ARGUMENT OF 3 DONALD B. VERRILLI, JR., ESQ. 4 PAGE On behalf of the Petitioners 5 ORAL ARGUMENT OF 6 3 PAUL D. CLEMENT, ESQ. 7 On behalf of United States, 8 as amicus curiae, supporting Petitioners 9 10 11 18 ORAL ARGUMENT OF RICHARD G. TARANTO, ESQ. On behalf of the Respondents. 12 REBUTTAL ARGUMENT OF 13 28 DONALD B. VERRILLI, JR., ESQ. 14 On behalf of the Petitioners 50 15 16 17 18 19 20 21 22 23 24 25 2 1111 14th Street, NW Suite 400 Alderson Reporting Company 1-800-FOR-DEPO Washington, DC 20005 1 Are you sure that you could recommend to the iPod inventor 2 that he could go ahead and have an iPod, or, for that 3 matter, Gutenberg, the press? 4 problem. 5 MR. VERRILLI: 6 JUSTICE BREYER: 7 MR. VERRILLI: 8 I mean, you see the Yes, I think my answer to -What's the answer? -- those questions are: yes, yes, yes, and yes. 9 [Laughter.] 10 JUSTICE BREYER: Because in each case -- for all 11 I know, the monks had a fit when Gutenberg made his press 12 -- 13 [Laughter.] 14 JUSTICE BREYER: -- but the problem, of course, 15 is that it could well be, in each of those instances, that 16 there will be vast numbers of infringing uses that are 17 foreseeable. 18 MR. VERRILLI: I disagree with that, Your Honor. 19 Certainly not -- I don't think there's any empirical 20 evidence to suggest, with respect to any of the things 21 that Your Honor just identified -- and let me pick out the 22 iPod as one, because it's the most current example, I 23 guess. 24 obvious that there were very significant lawful commercial 25 uses for it. From the moment that device was introduced, it was And let me clarify something I think is 11 1111 14th Street, NW Suite 400 Alderson Reporting Company 1-800-FOR-DEPO Washington, DC 20005 1 unclear from the amicus briefs. 2 clients, have said, for some time now, and it's been on 3 their Website for some time now, that it's perfectly 4 lawful to take a CD that you've purchased, upload it onto 5 your computer, put it onto your iPod. 6 very significant lawful commercial use for that device, 7 going forward. 8 9 The record companies, my There is a very, And, remember, I -- what our test -- our test is not "substantial." Our test is that it's a -- it's a -- 10 when it's a vast-majority use, like here, it's a clear 11 case of contribution -- 12 JUSTICE SCALIA: How do you -- how do you know, 13 going in, Mr. Verrilli? 14 business. 15 lawful use to the level where it will outweigh the 16 unlawful use? I mean, I'm about to start the How much time do you give me to bring up the I have to know, going in. 17 MR. VERRILLI: 18 JUSTICE SCALIA: Well, I -And it's one thing to sit back 19 and, you know, calculate with this ongoing business, it's 20 90 percent/10 percent. 21 you know -- But I'm a new inventor, and I'm -- 22 MR. VERRILLI: 23 JUSTICE SCALIA: I think the weight --- I'm going to get sued right 24 away. 25 have a chance to build up a business. I know I'm going to get sued right away, before I 12 1111 14th Street, NW Suite 400 Alderson Reporting Company 1-800-FOR-DEPO Washington, DC 20005

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